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New Media and Technology Law Blog

Tag Archives: Terms and Conditions

Arbitration Provision Unenforceable, Where Online Retailer’s Link to Browsewrap Terms and Conditions Was Not “Prominently Displayed”

Posted in Contracts

When Cynthia Hines returned a vacuum cleaner to online retailer Overstock.com, she was reimbursed for the full amount of her purchase, but Overstock deducted a $30 restocking fee, citing a provision in its Web site Terms and Conditions. Hines filed a purported class action in federal court in the Eastern District of New York asserting… Continue Reading